Is a marital relationship that took place between a man and a woman without a guardian (wali) or witnesses considered a valid marriage that necessitates divorce, or is it fornication that does not entail the rulings of marriage?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A marriage contracted without a guardian (wali), witnesses, or mahr (dower) is invalid by scholarly consensus and does not require a divorce. If intercourse occurred with knowledge of the contract's invalidity, both parties are considered फॉरnicators and are liable to the prescribed punishment (hadd) and must repent. However, if they were ignorant of the marriage's invalidity, there is no prescribed punishment (hadd) or sin upon them, provided their ignorance is excusable.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/182204
Where this answer came from
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- Ftawy
- Original fatwa ID
- 182204
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy